Federal Court Strikes Down ICE鈥檚 Courthouse Arrest Policy Nationwide
The ruling follows ICE admitting earlier this year that it has no justification for conducting mass arrests at courthouses
NEW YORK 鈥� In a momentous victory for immigrants鈥� rights, today the Southern District of New York issued a in striking down one of the Trump administration鈥檚 most extreme policies that allowed ICE agents to arrest people for showing up to immigration court. With this ruling, ICE officers cannot conduct civil immigration enforcement actions in or near immigration courthouses, except under limited circumstances, in New York City and across the nation.
鈥淭oday鈥檚 ruling is an enormous win for every noncitizen seeking to safely attend their immigration court proceedings,鈥� said Amy Belsher, director of Immigrants鈥� Rights Litigation at the New York Civil Liberties Union. 鈥淔or too long, we watched masked, often armed, ICE officers ambush noncitizens in courthouse hallways, throw immigrants to the ground, and tear sobbing children from their parents. But with today鈥檚 order, the court made clear: ICE鈥檚 cruel, unjustified policy of conducting mass immigration arrests in courthouses is unlawful and cannot stand.鈥�
The court鈥檚 order found the government鈥檚 mass immigration court arrest policy 鈥渁rbitrary and capricious鈥� under the Administrative Procedure Act and restores pre-existing policies barring immigration courthouse arrests except in rare circumstances. Originally, the case also challenged a related 2025 Executive Office of Immigration Review (EOIR) policy that urged immigration judges to dismiss noncitizens鈥� immigration proceedings without proper procedural protections. In this order, the court dismissed that claim as 鈥榤oot,鈥� because the government had already fully and permanently rescinded it as result of an earlier order in this case.
鈥淧eople should not be arrested for doing exactly what the legal system requires of them,鈥� said Oscar Sarabia Roman, staff attorney with the ACLU鈥檚 Immigrants鈥� Rights Project. "They should be able to come to court, take part in their cases, and leave without fear.鈥�
鈥淚mmigrant New Yorkers should not have to choose between attending a required immigration hearing and risking detention, or staying away and risking a deportation order for failing to appear,鈥� said Katie Rosenfeld, partner at Emery Celli Brinckerhoff Abady Ward & Maazel LLP. 鈥淭his ruling restores important safeguards and makes clear that ICE cannot abandon those protections without a reasoned explanation. Due process requires a meaningful opportunity to be heard, and that means people must be able to come to court without fear.鈥�
鈥淭he court鈥檚 ruling is a monumental victory for immigrant families and the rule of law. It brings to an end the cruel and callous practice of arresting immigrants simply for showing up to their court hearings 鈥� something that no one should have to worry about, and yet so many were forced to live under that cloud of fear,鈥� said Harold Solis, co-legal director at Make the Road New York. 鈥淭oday marks a turning point, and our focus now shifts to doing everything in our power to ensure the government fully complies with the court鈥檚 decision.鈥�
The New York Civil Liberties Union, 桃子视频, Make the Road NY, and Emery Celli Brinckerhoff Abady Ward & Maazel originally filed on behalf of African Communities Together and The Door on August 1, 2025. Soon after, the groups asked for expedited relief through a stay, which the court partly denied in September 2025. But then, , the government admitted that a 2025 memorandum 鈥� which it had relied on throughout the case to justify its immigration court arrest policy 鈥� does not and has never authorized any immigration courthouse arrests. Immediately after, the organizations asked the Court to reconsider its denial, and the court issued a stay. This final federal ruling affirms that order, and expands it to apply nationwide. It is effective immediately.
Today鈥檚 ruling also builds on the resounding victory from the 桃子视频of Northern California, in , which similarly struck down the Trump administration鈥檚 policy of arresting immigrants at courthouses nationwide.
Since Trump took office, ICE has mounted an unprecedented campaign of arresting people at their mandated immigration court hearings, and then trying to fast track their deportation. This includes , a 16-year-old Bronx high school who ICE arrested when attending a routine court date, and , a 19 year old living in Buffalo who ICE targeted, detained, and fast-tracked for deportation.
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